. . . and Now Let Us PauseFor A Round of Applause

Here's a line-up of Sheriffs and deputies whoreceived special recognition in recent months:

WEST PALM BEACH —Sgt. Robert Wilson wasawarded the Combat Star, one of the highest honorsoffered by the Palm Beach County Sheriffs Depart-ment, for bravery in a shootout that cost him the useof his left arm.

Two fellow deputies were also honored. Glen Bakerreceived a Lifesaving Award for rescuing a womanin a diving accident; and Richard Lee Tantonreceived a Distinguished Service Award for excep-tional crime lab work.

Wilson still carries a rifle slug in his arm, butthrough therapy he has contradicted predictionsthat he would have to end his law enforcementcareer.

TAMPA —A Humanitarian Award was presentedto Hillsborough County Sheriff Walter Heinrich bythe Council of Minority Affairs. The featuredspeaker at the awards dinner was Dr. Walter L.Smith, President of Florida A & M University.

TITUSVILLE —Veterans of Foreign Warsmembers in Brevard County selected Deputy SheriffJoe Crosby for their "Police Officer of the Year"award. This qualified him to compete for the sametitle on the state level.

PENSACOLA —The Pensacola Exchange Clubselected Sgt. L. A. Davis, of the Escambia CountySheriff s Department, as its Law Officer of the Year.He was honored for his outstanding work as head ofthe Sheriffs Department's narcotics unit.

VERO BEACH —Sheriff Tim Dobeck has becomea member of the Board of Directors of the IndianRiver County Spouse Abuse Center, a move that wasdescribed as an important asset to the Center'sactivities.

PANAMA CITY —The Junior Chamber of Com-merce selected Bay County Sheriffs Department

Investigator Frank McKeithen as its OutstandingYoung Law Enforcemennt Officer for 1981. A fewweeks later the Panama City Exchange Club chosehim as its Lawman of the Year, and Bay CountySheriff LaVelle Pitts praised him for his outstandingwork in solving major crimes.

SEBRING —Highlands County Sheriff Joe Shep-pard was chosen to receive the Lake Placid KiwanisClub's first annual D. D. Cunningham Award whichhas been established to honor the outstanding officerof the year.

OCALA —Deputy Sheriff Willard Pope, who hasserved J)n the Marion County Sheriff's Department'sSpecial Weapons and Tactics (SWAT) Team andunderwater rescue team was chosen Citizen of theMonth by the Ocala Junior Woman's Club.

Pope, who lost the use of one eye in the line of dutywhile serving on the SWAT team, was cited for play-ing his part "in keeping our country safe".

His Specialty:Catching Crooks "in-the-Act"

SARASOTA —Sarasota County Sheriff Jim Hardcastle(right) presents his annual Felony Arrest Award to DeputySheriff Frank Mercurio, while Mercurio's wife, Nancy, lookson. Mercurio received a pin and a $100 bonus for making themost felony-in-progress arrests in 1980. (Sarasota Journalphoto. )

Volume 25, No. 4, July-August 1981Publisher, serwin Williams, Executive Director, Florida Sheriffs Association

Editor, Carl Stauffer Art Director, Frank Jones

THE SHERIFF'S STAR is published monthly during January, February, May, June, Septemberand October, and bi-monthly during March and April, July and August, November and Decem-

ber, by the Florida Sheriffs Association, a non-profit corporation, P. O. sox 1487, Tallahassee,Florida 32302 (street address, 1020 E. Lafayette St.) The subscription rate is $5 per year andthe publication number is USPS 493-980. Second class postage paid at Tallahassee, Florida.

Setting up Drug Busts isAward Winner's Specialty

CLEARWATER —Michael L. Hawkins, a 33-year-old detective in the Pinellas County Sheriff s Depart-ment, has received the ninth annual Ruth and TimJohnson Award for his excellent undercover work innarcotics investigations.

The $500 award and a plaque are presented eachyear to a member of the Sheriff's Department inrecognition of outstanding service. This year' swinner was selected from three nominees by the 24mayors who make up the Pinellas County Council ofMayor s.

Hawkins, who is a four-year veteran with the She-

riffss

Department, played a key role in ge arrestsand prosecutions that followed many high level nar-cotics transactions. A Sheriff's spokesman said theconviction rate of persons arrested by Hawkins isvery high.

A Sheriff s Department citation said Hawkins hasbeen assigned to several undercover investigationsduring the past year which resulted in the arrest of atleast 20 persons considered major organized traf-fickers of illegal drugs.

"In conjunction with the arrests, " the citationadded, "several hundred thousand dollars worth ofdrugs were seized, as were numerous firearms,reflecting the potential danger Hawkins faced dur-ing his investigations. Because of his leadership andinvestigative ability, Hawkins has been assigned asacting supervisor, and is currently responsible for

To protect his identity for future undercover work,Detective Michael L. Hawkins turned away from thecamera after he received the annual Ruth and Tim'Johnson Award. So did his wife. The others involved in theaward presentation are (from left) Mr, and Mrs. Johnsonand Sheriff Gerry Coleman.

directing major narcotics investigations. "Detective Hawkins was born in Kankakee, Illinois,

and moved to St. Petersburg when he was a child. Heattended local schools, and received a bachelor' sdegree in Behavioral and Social Sciences from theUniversity of South Florida. He lives in St. Peters-burg with his wife, Marilyn, and their two children.

Mr. and Mr. Timothy A. Johnson, Sr., establisheda trust agreement in 1973 to provide for the annualaward. A large plaque with the name of each year' srecipient is on permanent display at the SheriffsDepartment.

Crime Prevention isAlive and Well

CLEARWATER —Hard times are here. Manysources of government funds have dried up, butcrime prevention is alive and well, thanks to a neworganization labeled the International Society ofCrime Prevention Practitioners (ISCPP).

So goes the message presented by Pinellas CountySheriffs Department Lt. Richard Mullen in an arti-cle featured in the latest issue of THE NATIONALSHERIFF, a magazine published by the NationalSheriffs Association. Mullen ought to know. He ispresident of ISCPP and he also heads up crime prev-ention activities under Pinellas County SheriffGerry Coleman.

He said crime prevention practitioners are refus-ing to let outside influences determine their future,and have developed a self-sustaining organizationthat is becoming a strong, influential force in thecrime prevention field today. ISCPP is also helpingcrime prevention practitioners to become betterequipped to meet ever-changing demands and chal-lenges, he said.

Broad in its concept, ISCPP does not limit its mem-bership to law enforcement officers. It also includesindividuals from civic organizations, private secur-ity firms and business firms.

The Society is subdivided into seven regions tofacilitate communications between its members. Italso holds an annual national conference, publishesa newsletter and encourages members to exchangeinformation.

Mullen said a repository for information about allkinds of crime programs is being established inSouth Carolina through the combined efforts of thatstate and the Society. "The data from this program, "he explained, "will be made available free-of-chargeto all crime prevention groups in South Carolina, aswell as to each and every ISCPP member. "

The Society, although presently comprised solelyof volunteers, is going to hire a full-time staff basedin Washington, D.C., Mullen said, and it will also dosome lobbying for crime prevention efforts at variousgovernmental levels.

For more information about ISCPP, contactDonald Newton, Executive Secretary, ISCPP, 250West Ulmerton Road, Largo, Florida 33540.

JULY-AUGUST 1981

September 10, 1976, is a dateSuwannee County Sheriff RobertLeonard is not likely to ever forget.According to testimony in a Flor-ida Senate hearing and also in twofederal court trials, that was theday he had an amazing conversa-tion with circuit Judge Samuel S.Smith about 1 5pp pounds of mari- shenff Robert Leonard

juana the Sheriffs Department had confiscated.Tape recordings presented as evidence revealed

the judge was proposing to order the confiscatedmarijuana destroyed, and the Sheriff (who was pre-tending to go along with the deal), was agreeing tohold back 500 pounds of it and turn it over to thejudge so that it could be sold and the proceeds couldbe split. Part of the dialogue, which was secretlyrecorded by the Sheriff and later played back to sena-tors and jurors follows:

"I think I need to keep some where people can see itdestroyed, " the Sheriff said.

"Yeah," said the judge, pausing as though hethought his portion ought to be more. "Well, ofcourse, the return money-wise would be geareddirectly to the poundage that you could let go."

"Well, Judge, I know that, " the Sheriff said, "butyou know these newspapers, they keep up with itpretty close." The judge agreed.

Casually then, the Sheriff mentioned that in addi-

Circuit Judge Samuel S. Smith,of Lake City, walks into the fed-eral court in New Orleans to facefederal charges. (Wide WorldPhotos)

tion to the 1,500 poundsalready in storage, he hadanother 5,000 poundswhich had been sent to acrime lab so that finger-prints could be lifted fromthe bales.

Judge Was Breathing Hard"God almighty! Good God almighty! Five thou-

sand pounds )" the judge exclaimed, his voice rising.Goose pimples popped up on his arms. He hadexpected to be paid about $150,000 for 500 pounds,but to contemplate the possibility of dealing with5,000 pounds had him breathing hard.

"If...if we can get a lick like 2,000 pounds (out of the5,000) by God, they can take this job I've got and gowith it!"he declared. "You can do the same thing, "hetold the Sheriff, "because, by God, you' ve got enoughmoney to live on the rest of your life. And, you and Ican handle 2,000 pounds as...just as easy as I can do500."

"Okay, "said the Sheriff. "It's over at the lab nowand it's supposed to be back. It's on a U-Haul-Ittruck. " They got down to details —especially how

THE SHERIFF'S STAR

)C

I~

MIAMI BEACH —In five days the U.S.Coast Guard confis-cated 50 tons of marijuana from three smugglers' boats.Unloading of one of the boats, the "Island Merchant, "wasin progress when this picture was taken. (Wide WorldPhotos)

the stolen marijuana would be hauled. They agreedthat traveling south would prevent being stopped atstate weighing or inspection stations.

"Well, " said the judge, "the man I'm gonna dealwith I trust implicitly, and he trusts me, and all I'dhave to do is put it in something like this (camper)and take it out here to Arrowhead (campground) orsomewhere and park it and give him a set of keys,then you lock it up and he'd come by and give me themoney and go out there and pick it up and go on withit."

The judge explained that if they could get 2,000pounds he would simply buy a camper, load the mari-juana in it, and give the buyer camper and all"because, my God, I can get one of those for $12,000."The Sheriff agreed.

"Hell, "said the judge, "you' re talking about over ahalf million dollars. ..2,000 pounds. " A little laterthey parted. The Sheriff then drove to the HolidayInn where he gave an FBI agent the tape recorderthat had been hidden in his clothes.

Agents Had Been Tipped OffWeeks earlier the Sheriff had tipped off state and

federal agents about the marijuana plot, and hadagreed to pretend he was going along with the con-spiracy. Despite the risk involved, he continued thecharade for a number of weeks until the judge wasfinally arrested. He was eventually convicted in twofederal court trials and removed from office. One ofthe convictions was recently reversed on appeal andsent back for a new trial.

Sheriff Leonard was widely praised for his han-dling of the case; Florida's criminal justice systemwas rocked and shocked; and news reporters had afield day with a classic example of marijuana'scapacity to corrupt all who come in contact with it-users, sellers and enforcers alike.

However, this was not an isolated example.Instead, it was simply one incident among manydemonstrating that drug smuggling has plunged usinto an era of lawlessness and moral decline reminis-cent of the 1920s and 1930s.

A national study of homicides in U.S. cities hasfound that America is currently experiencing anupsurge in cases of "strangers killing strangers" —atrend that has been unmatched in this century sincethe prohibition era slayings of gangland's heyday."The handgun has replaced the submachine gun asthe nation's most feared killer, "according to CrimeControl Digest, "and drug trafficking has replacedthe bootlegging of liquor as a key factor in the soar-ing murder rate. "

Violence May AccelerateIt could get worse. Criminal justice officials early

in 1981 were enthusiastic about a Florida SupremeCourt ruling that upheld a 1979 law mandating stiffsentences for drug smugglers; but there were alsopredictions that tougher enforcement will acceleratethe spread of violence.

"I think we' ll see more killing than in the past-...pure assassination, "Bartow defense attorney RayMcDaniel was quoted as saying. "There's too muchmoney in it (drug trafficking) to stop. When some ofthe people at the top start looking at 15-year senten-ces, they'd just as soon take the chance (of) bumpingpeople off rather than going to trial. "

Polk County Sheriff Louie Mime agreed that gun-play is likely to increase when law enforcement offic-ers close in on a drugs off-loading operation."There' ll be more shoot-outs and smugglers trying toget away than in the past, " he said. A ManateeCounty shoot-out gave credibility to the Sheriff s pre-diction. News reports said the pilot of a suspecteddrug smuggling airplane fired at deputies who hadordered him to turn off the engine and get out of theplane. The deputies returned fire, but the pilot wasable to take off and escape.

(continued on page 4)

JULY-AUGUST 1981

Smugglers are takingus back to Viceand Violence(continued from page 8)

KEYSTONE HEIGHTS —Potprofits are so high thatsmugglers can afford to sus-tain frequent losses. Conse-quently, when this airplanewith its two-ton cargo ofmarijuana made an emer-gency landing here, the pilotpromptly abandoned it andfled. (Wide World Photos)

~s~8

Smug glers Increasing FirepowerSheriffs are concerned about reports that

smugglers are packing more powerful weapons thanin the past. After three high-powered automatic riflesand a sawed-off shotgun were confiscated in a Mar-

tin County drug bust, Sheriff Jim Holt said heplanned to alter the manner in which smugglers will

be approached in the future. "We will be much morecautious, " he explained.

Sheriffs have also become more cautious aboutstoring confiscated marijuana that is being held asevidence. The seized pot has such a high marketvalue, and the temptation is so great, that ripoffshave become numerous. Deputy sheriffs have beeninvolved in some of the thefts.

In one outlandish case, armed men stole confis-cated marijuana from the Glades County Jail after

tying up the radio dispatcher on duty and lockinghim in a cell. Later the Sheriff suspected that some-

one on his staff had been stealing the marijuana, andthe jail holdup was actually an attempt to cover up

the earlier thefts. He fired his chief deputy, who wasthen charged with conspiracy to traffic in mari-

juana, conspiracy to commit armed robbery and con-

spiracy to commit a burglary with a firearm. Sevenother men, including a former deputy, were alsoarrested.

In another county, after a deputy stole some mari-

juana from a large haul of evidence, the Sheriff usedextreme measures to protect what was left. He renteda tractor trailer, loaded the marijuana in the trailer,locked the trailer doors, backed the trailer up againstthe solid concrete block wall of the jail, unhooked thetractor and moved it away. This placed the mari-

juana behind a high chain link fence topped with

barbed wire and the area was floodlighted at night.However, the Sheriff remained a bit nervous until he

finally got a court order allowing him to destroy theevidence.

Holding Pot Was No PicnicNerve-wracking days under similar circumstancesare described in the following MIAMI HERALD arti-cle datelined Key West, April 16, 1981:

"Monroe County Sheriff William A. Freeman sayshe's more comfortable in his office these days —nowthat the 26 tons of marijuana worth about $21 mil-

lion is gone from beneath his window." 'Makes me feel good not to have it outside mywindow, ' Freeman said Wednesday. 'It makes mefeel good to get it, but it makes me feel bad to have itoutside my window, because it's so expensive (tostore). Plus you' ve got to worry when it's sitting out-side like that. '

"Between September and January, authoritieswere making so many huge pot busts so quickly thatthe Sheriff s Department could not dispose of it fastenough. Confiscated campers, step vans and truckswere parked along Fleming Street, jammed withbales, their windows and doors sealed with evidencetape. Between September and March, the SheriffsDepartment spent about $45,000 keeping two armedguards on duty seven days a week, 24 hours a day.

"Two persons were arrested for sneaking aroundthe area. Several others were chased off. Countyworkers were concerned that thieves might raid thepoorly protected dope storage area.

"All of it was due to the record dope seizuresbetween September and January. The Sheriff sDepartment in December had 1,297 bales of pot in 16vehicles. Much more was taken away by Customspatrol officers after federal authorities agreed toprosecute cases. While Customs was able to disposeof the pot easily, the Sheriff's Department had to go

THE SHERIFF'S STAR

through a complicated legal process to get rid of themarijuana.

"The storage problem abated when the last truck-load was hauled away in March. Freeman says he' snegotiating with the state attorney's office to findways of destroying pot more quickly when thissummer's harvest season begins. "

Another Judge Got CaughtMarijuana's corrupting blight reaches out and

degrades the lives of all manner ofmen —of refugeesand Sadducees, old mule skinners and unrepentantsinners, big shots and have nots.

Alabama Circuit Judge Thomas Coggin pleadedno contest to smuggling charges after 98 pounds ofmarijuana were found in his private airplane at theSt. Lucie International Airport, Fort Pierce, Florida.A deputy sheriff found the marijuana on Coggin'splane and a loaded revolver in his boot. News reportssaid the judge was noted for the strict sentences hehanded down to drug dealers in his Alabama court.

Sheriffs' Departments have not escaped suspicion.There have been a few wild rumors of payoffs, ofsuspects being framed, and of drug dealers beingtipped off about impending drug busts, but none hasbeen substantiated. Some of these rumors have beenaired in the press. Some were circulated as politicalscuttlebutt during the 1980 election campaign. Allwere summarily denied.

The Lure of Big BucksRecently, while one Florida Sheriff was assuring

the press that none of his staff members wasinvolved in the theft of 80 to 90 pounds of marijuanastored in his property room as evidence, anotherFlorida Sheriff was suspending five of his men whowere suspected of being too chummy with drugsmugglers.

The five men came under suspicion after newsreports revealed that state agents had secretly taperecorded a clandestine meeting between the Chair-man of the County Commission and three other mensuspected of drug dealing. The Chairman wasalleged to have said that deputies were being paid toact as lookouts for drug smugglers.

Obviously, the lure of marijuana's big bucks is apernicious thread that runs through all levels of thecriminal justice system. Bribery accusations, forinstance, are surfacing with increasing frequency.

Five Miami men were arrested recently andcharged with attempting to bribe a U.S. CustomsService agent. They allegedly offered him $70,000 torelease two boats that had been confiscated in smug-gling activities.

Witness Was BribedIn Key West, an important prosecution witness

involved in several drug cases was arrested andcharged with accepting an $8,000 bribe. A newsaccount said he was supposed to have promised to

change his testimony, or to leave town so that histestimony could not be used in an upcoming trial.

Drug trafficking throws the whole law enforce-ment system out ofbalance. It accelerates the murderrate, overcrowds jails, diverts manpower that shouldbe used in fighting other types of crime, andincreases the number of thefts —particularly theftsof airplanes.

According to Bob Collins, Executive Secretary ofthe International Aviation Theft Bureau (IATB),thieves flew off with 76 airplanes in 1978, 180in 1979and 230 last year. "There's no great mystery aboutwhat happens to these stolen planes, " he told theCHICAGO TRIBUNE. "More than 90 percent ofthem wind up running dope into this country fromSouth America. "

Florida led the nation last year with 62 airplanethefts. California had 38, Arizona had 19and Texashad 18. "It's getting so any time there's a full moonyou can count on a rush of airplane thefts, "Collinssaid. "They' re easier to fly low and over the waterwhen there's a full moon. "

The IATB's data bank shows that stolen aircraftvalued at $12 million have been found crashed or inirretrievable condition since 1974. The whereaboutsof another 260 planes worth $17 million has yet to bedetermined.

Escapades Get WilderAs smugglers get bolder about stealing planes,

they also seem to be taking greater risks and puttingon wilder escapades in their efforts to get the weed tomarket. They drop their cargoes by parachute atnight; make no-lights landings in the dark on smallremote airstrips; and clip tree branches with theirpropellers when landing and taking off fromimpromptu sites in the boondocks.

A low-flying smuggler pursued by U.S. Customsagents bombed a Fort Lauderdale neighborhoodwith 100-pound bales of pot and scored direct hits ona mobile home and a parked van. No one was injured,but the bale that struck the mobile home rippedthrough the roof and into the living room. "Ithoughtit was the water heater blowing up,

"said the mobilehome owner. "We rushed into the living room andsaw all this brown stuff spewed all over, and therewas a jagged hole in the corner about two feet acrosseach way. "

Smuggling pot is a bizarre business —the stufffrom which future novels and movies will be made-and its corrupting influence is continuing to spreadthroughout Florida.

Our state has already gained the dubious distinc-tion of being the number one point of entry for illicitdrugs in the United States. It follows, therefore, thatwe are also likely to be in the vanguard as smugglerslead the nation back to the vice and violence thatprevailed during prohibition's heydey.

Well, here we go again't

JULY-AUGUST 1981

, 1

Eye Witnesses ¹m:Walking tour was h(ghiight of orientation session

Sheriffs and Deputies SeeHow Youth Fund Operates

Doyle Bryan from Hardee County, Bobert Durkisfrom Hendry County and LaVelle PiW 5am BayCounty are:neW Sheriffs, M they ars srsll-prepared

rkis anl PiW 'tsrere part, , of 4 gl'oup of8:- deputies tsbo- attended in' intensive

ortentation ~on at the.Mys. Ranch.Sheriff Louie-'MiIns, curre@4 ChairmanPand Board of KVirectors, :twas also part

Bryan, 9uSheriffs anYouth ~-Polk Count@, -

of the Youth'-

of th8 grNkp%was Nell.

The Bo s.

and, at eking, 8Ill'ved. ,

en for the orientation

,-but he is an==old h~~ed before'5e-arrlRanch eras:-~

session ~flee it is M::,::,oMest and &gest of thethree You9i::&md insti~ns, and als'o:~use theYouth Fund central of5ceis on its campus. -The Bo 8

+@t,midvray' The Girls " '= '-"

Villa is near Bartovr, and the Youth ~1'

ch is near

to answerer questions about the Florida sheri ffs YouthFund. They. are also vrell informed ahoy Ae FloridaSheriffs 8oys Ranch, 6IrQ.ala and- Vouth Ranch,three child care institutions operated by the Youth

nd.

sheriff Laved fsitte {oenter)-~ 5oys' livingquer-ters oarefut sor4iny.

A walklI'Ig touI of the'::~s Ranch ~e the vis-' -:

itors aware. that this home for needy. and neglectedyoungs~-, ;m- litenQly. . e self=qontalr@&w'ommunlty, . -:-

'sherlff irid Mrs:~te 'sryan,

THE SHERIFF'S STAR

Wsttors inside Boys.Ranch arts and orafts oenter.

pool.Dtlrlng 1~res and'.

Florldtt. Sh~ As~the She~"W~tt~s;, -,

'

Wcussiontf Votion o~lSPOnsers':th

8 explaln4Nl

how the Youth Fund ~,helps unfo

with its own sewer, water, computer and communica-tion sys~. Points Awteeest inchtded the ~sta-tion, arts and crafts center, ~asium, chapel,medical ~,dental .ck~c, auto~@vs repair. +np,caf8torltlln, $8aIQHlg center, latmdry and swimming

ttw modern -t8ch"informed aboutnitlues ar8:;~ to ~-',&e.pubhc.

Vttuth F~:.plans ~'~~s, ' "

~;"&unthng=:M Boys ~'cb, eh~-have been the ttuinber one public relet O'lie

nof

~ing, ThM:voluntary„'=:;ook8y factor. lin th8 su~

elp, the Touth ~d.AnnM"-keep this'~tion alee.

Orientation sessions h

The sh~ and deputies went home well supplied:-:with Vttu, '.&nd- h~~, , ~:~requip~ totalk to p~ective donors about laur enforcement's

, number One child Care:~mCy.It ls i5xpo~t they-ted. Ever since th8 Hoiida

sheriffs A~ation got into the ch9d care busmess

~ Strayer ~J; Tooth f:or@:=Woe Presi~",4r-fovttt Ssrvloes, with Sheriff and Mrs. Robert'tow'k&s.

JULY-AUGUST 1981

OUR PERSPECTIVEOn the 1981 Session of the

Florida LegislatureLaw Enforcement and State Attorneys

Granted Sweeping New AuthorityOver Juvenile Detention Decisions

Time after time, Florida law enforcement offic-

ers have experienced the frustration of taking ajuvenile crime suspect to the nearest Regional Det-

ention Center, only to have the state Health andRehabilitation Services (HRS) Intake Officerrelease the child. In some cases, the child has beenat home or back on the street before the arrestingofficer finished his paperwork. This has resultedin demoralized officers, irate victims, and increas-ing juvenile crime rates; but better days are com-

ing. The Florida Legislature, in its 1981 session,passed committee substitute for House Bill 1095which will make detention of juveniles a strongpossibility in more cases and circumstances.

The 1981 law became effective July 1. It grantssweeping new authority to law enforcement offic-

ers and state attorneys, and also diminishes theauthority of HRS intake officers. It provides fordetention of:

1. Children, regardless of age or prior record,who are charged with felonies.

2. Children alleged to have escaped from deten-

tion, custody, probation, parole, furlough, or sim-

ilar status.3. Children wanted by other jurisdictions for a

crime which is a felony or misdemeanor in thosejurisdictions.

4. Children who request protection after beingcharged with breaking the law. (In these cases achild is likely to be sent to a crisis or shelter home,if available. )

5. Children charged with crimes of violence.

6. Children who fit into certain categories assuspected prior offenders or special risks, and who

are charged with offenses which, if committed byan adult, would be violation of the law.

When a decision is made at Intake to detain ajuvenile, there must be a detention hearing beforea circuit judge within 24 hours, excluding Sundaysand legal holidays. The judge rules on the suffi-ciency of probable cause and the legality and

appropriateness of detention. The court will eitherenter an Order of Detention or release the childpending arraignment.

Previously, the decision to detain until the det-ention hearing was made by the HRS IntakeOfficer. The changes under HB 1095 provide thatwhen the above listed detention criteria are met,but Intake wants to release and the law enforce-ment officer or agency disagrees, the State Attor-ney must be consulted to make the decision. Evenwhen the criteria are met, and HRS and lawenforcement AGREE that release is appropriate,the State Attorney must be consulted for authorityto release. This precludes the release of any juve-nile that meets the criteria when either lawenforcement or the State Attorney, or both, areopposed to release.

Unchanged is the authority of law enforcementto release any child to parents or guardian in lieuof transporting to the Intake Office. Officers deter-mining that release is appropriate are guided onlyby their departmental policy and/or their owndecision making process.

Additional new laws related to law enforcementhave been summarized as follows by Al Ham-mock, the Sheriffs' Association's Director ofPublications:

Tighter Control of Fund RaisingChapter 81-265 (Committee Substitute for Senate

Bill 252)The "Law Enforcement Funds Act" was passed in

1978 to regulate organizations raising money from thepublic in the name of law enforcement agencies orgroups. Enforcement of the act did not begin until Feb-ruary of 1981 because of a court challenge, by a policeunion, concerning its constitutionality. Most of thechanges enacted this year were the result of work done

by a joint legislative and executive "Commission ofSolicitation of Funds" which studied organizations notqualifying as either charitable or religious. The title ofthe new law, "Law Enforcement and Emergency Ser-

THE SHERIFF'S STAR

vice Solicitation of Funds Act", indicates the scope ofthe bill was broadened to include all emergency servicegroups, such as firemen, ambulance drivers and para-medics. Chapter 81-265 requires registration with theDepartment ofState; bonds from professional solicitors;certain records to be kept and open for inspection; andthe filing and approval of disclosure statements. Itseeks to clean up abuses by unscrupulous solicitors. Italso provides for criminal penalties, and gives theDepartment of State authority to suspend or revokeregistration, and authorizes the Department of LegalAffairs to seek civil penalties. Effective October 1, 1981.Editors' Note - This legislation was supported by theFlorida Sheriffs Association in the hope it will helpeliminate high-pressure fund raising techniques byorganizations which take advantage of their lawenforcement name to raise money for activities whichare not related to police work, do not help children, orassist law enforcement officers.

Chapter 81-249 (Senate Bill 537)Back in 1951the Florida Legislature passed a series of

laws obviously intended to curtail the activities of theKu Klux Klan and similar organizations by prohibitingthe wearing of hoods or masks. More recently the lawshave been used against masked criminals, but in 1980the Florida Supreme Court declared a portion of thestatutes to be unconstitutional. The law has now beenrewritten to solve the constitutional problem andanother section has been added to increase penaltieswhen a crime is committed by a person wearing a hood,mask or anything else which conceals his identity. Thewearing of a disguise upgrades the seriousness of acrime. Thus a misdemeanor of the second degreebecomes a misdemeanor of the first degree; a misdemea-nor of the first degree becomes a felony of the thirddegree and so forth. Effective upon becoming law, July1, 1981.

Punishes Dishonest PushersChapter 81-53 (Senate Bill 31)

One of the biggest jobs facing law enforcement agen-cies is dealing with the illegal distribution and sale ofdrugs. In putting together cases against drug dealers,law officers often work undercover to buy the illegaldrugs. Occasionally, the undercover agents buy sea-weed for marijuana or powdered milk for cocaine whichmeans a lot of time and effort has been wasted. This newlaw makes it illegal to sell a substitute or counterfeitsubstance in place of the actual illegal drug. Violation ofthis law is either a felony of the third degree or a misde-meanor of the second degree, depending on the type ofdrug being substituted. Effective October 1, 1981.

Chapter 81-142 (Senate Bill 1104)In times ofnatural disaster or civil disturbances, local

law enforcement agencies need additionl personnel tohandle their many responsibilities. Recognizing thisneed, the Florida Legislature passed the Florida MutualAid Act in 1969 to facilitate the utilization of men andequipment. Following the 1980riots in Miami, a specialTask Force formed to suggest better ways of preparingfor such emergencies. Some of the recommendations

from the Task Force involved the Mutual Aid concept,so several parts of the 1969law have now been revised toremove problems of jurisdiction which arise when offic-ers from one agency go into another city or county toassist. The changes also make it easier for local agen-cies to work out cooperative agreements between them-selves. An example would be a joint city-countynarcotics task force. Agreements may also cover emer-gency situations which fall short of disaster propor-tions. The whole Mutual Aid program will beadministered out of the Florida Department of LawEnforcement, where it has been since 1969, but this isthe first time the Legislature has appropriated funds forFDLE to exercise its authority. Effective June 24, 1981.

Gold and Silver Controls TightenedChapter 81-121(Committee Substitute for Senate

Bill 54)When the value of gold and silver began to skyrocket,

so did the number of burglaries by thieves after theseprecious metals. Dealers in precious metals began set-ting up shop in motel rooms, shopping mails and oldhamburger joints. The growing number of people buy-ing and selling these items made it very difficult for lawenforcement officers to track down stolen merchandise.This law requires precious metals dealers to obtain thename, address, place of employment, business phonenumber, age, race, sex, signature, driver's licensenumber, two other identifying numbers and either aphotograph or thumbprint of the seller. The buyer mustsubmit a description of the purchased items to the sher-iff or local police department. No purchased item may be

(continued on page 18)

CRIMES, PUNISHMENTSand FINES

Penalties for crimes committed in Floridafall into seven categories:

Capital felony —life imprisonment with noparole for 25 years or the death penalty (nofine provided for)

Life felony —life or a term of years not lessthan 30; a fine not exceeding $15,000

Felony of the first degree —a term of impri-sonment not exceeding 30 years; fine notto exceed $10,000

Felony of the second degree —a term of im-prisonment not exceeding 15 years; a finenot exceeding $10,000

Felony of the third degree —a term of impri-sonment not exceeding 5 years; a fine notexceeding $5,000

Misdemeanor of the first degree —a term ofimprisonment not to exceed one year; afine not to exceed $1,000

Misdemeanor of the second degree —a termof imprisonment not to exceed 60 days; afine not to exceed $500

JULY-AUGUST 1981

Florida Sheriffs Youth Fund

HONOR ROLLOn these pages the Florida Sheriffs Associationgives special recognition to generous supporteis of-.

the Florida Sheriffs Youth Fund and its child careinstitutions: The Florida Sheriffs Boys Ranch,Girls Villa and Youth Ranch; Those listed as"Builders" have given gifts totahng $100 or more.

Those listed as "Lifetime Honorary Members" ofthe Florida Sheriffs Association have given $1,600or more. Builders receive certificates suitable forframing. Each honorary lifetime member receives aplaque, a lifetime identi5cation card and a hfetimesubscription to The Sheriff's Star.

Llfetlllle HOIOI'Sl'g Melllbel'8

%1LLIAM ACKERMAN

Tehfgh Acres

ROBERT H. ALLEN

Ponte Vedra Beach

MR. 4 MRS. DAVID BEAMPalm Harbnr

BEST PROOUCTS FOUNOATTQN

Pompano Beach

BRYAN INVESTMENT CQ„ INC.

,'-.Qcala

BUl,LSEYE INC. OF BROGKSVR.LEBrooksville

CARL A. BUBIE

SyracuseGR, 4 MRS. P. LEO CRESPI

Hogday

MR, 4 MRS. W. L OeBOROENAVE

Ft. Myers

QISABLEO AMERICAN' VETERANSAUNLIARY No. 11Largo

MR, 8 MRS. JQHN J. FINNEGAN:.Clearwater

FIRST COMMERCIAL BANK

Uve Qak

MR. 4 MRS. HOKE FITZGBtALOLa'ke Wales

~MAL DEVELOPMENT ~.hirt St. Lucia

HRRQLO "RFQ" GRANGE

f-.'L tfyera

OR. CLARII'.V:.HQSHALLJacksonv'Itte '-

HARRY E.-.HURSTTampa

K-MART STGRF. No. 3329Port' R'@Icy!

H. F. MASONEGUIPMENT CO.

Lakelaml

McCALLUM WHOLESALE, INC.

Gaineaydte

DR. 5 MRS: TAKESKI OKANO

Largo

VERNON E. PALMERPort Rtahag'

MS. C, H. PATTISHALLAtlanta, GA

SAM G. RAHALLSt. Petersburg

MISS LOUIS'A'. T. RIOEQUT

Toledo, GH

CHARLES SKBtRETT

OR, LEGff, FLSMITHJacksonuttle

CAPT. JEAN-PAUL TILLMAN

Ft. Lauderdale

OR TERRY-;:TJPPIN

Grange. Par'k'

MRS. FQNA. L, WILSON

t;attn@,@

~—Flarlrfa She'~ Votrth PtlntfHerry K. VJesv'er )le@) Presents a

Honorary Mom~hip to seminoletleriff John E. f',qltr. !,

Mna.'

VALERIA AOOLPHSON

At~ C. ,ALLEN; JR.

,Isis;—,gatIIINE M. ANS~

t., AtILT

Wt!S~IWfg NAN

MR, a MRS. WILLIAM, MS, a MRS, S.S.FINLEY:

. ;.TOBACCO a ftREARttg . .:

-:. ~eavgM

.:~'IEARY'MYRTLE RtuH

~9„"ttgg" SRANSE

PETER e CSPELANO

MR;@~NEAR L,', CRA%'FQRO: ',

MA. 4 MRS; LAFE W. CIILLEYT~.Mrs. ~~';'A';@SITI

@a++-:!';,

MR. E''~~ H, SAYS

MR; tt,MIEL4~tg, ~ISLEE HAYNES

ganedla

'HOUSE OF'~~M,Mr,.a Mrs. ~gl:%WARD

Creetvlew

Mits, ,„VEI!IAJs~W.lease" .

'"':, ;l!":,;;:—:;.'-' .

10 THE SHERIFF'S STAR

CltKAH(iifATER —.=Anat(as County Sheriff Gerry~n (left) ~'-Mrtda 8hertffs Youthident: ~~ Joe 8~d (right)

'~t a Lifetime:Honlerary'Ment~ip~e to VIV Pest-N27, St. ~&r9.

insurance, ~(left) and Pojit'-Commander James Peyton.Sheriff Coiemin also presented a Lifetime':plaque to thej tnsoranoe @ofnen of LlpperPlnellas, represented by Judy %i(heeler, JudyLund (P~nt) and Lynden Halliday.

jl

g jarj

JULY-AUGUST 1981

Another Large Giftfrom the Gulls

CLEARWATER —Pinellas CountySheriff Gerry Coleman (right) andformer Sheriff Don Genung, who iscurrently Director of Planned Givingfor the Florida Sheriffs Youth Fund,accept large cash gifts from the SeaGulls Club for the Florida SheriffsGirls Villa. Shown presenting thegifts is Mrs. Helen Hale, Sea GullPresident. Seated are Mrs. EdnaStorey (left, ) Secretary-Treasurer;and Mrs. Jane Dikman, Past Presi-dent. The Sea Gulls have beensupporting the Villa ever since it

began operating in 1972, and havemade many substantial contributions.The current gifts include $4,000toward furnishing the lobby of theVilla Activity Center, and $2,000toward the purchase of educationalmaterial for the learning center.

8UILDER

WAUCHULA —Hardee CountySheriff Doyle W. Bryan (left) pres-ents a Builder Certificate to AlbertLanier.

Florida SheriffsYouth FundHONOR ROLL

continued frompage 11

MADISON —Madison CountySheriff Joe C. Peavy (left) pres-ents Builder Certificates to (fromleft) William Vaclavek; Mrs. AnnieBee Jones, representing PantryPride Store; Julian H. Andrews;Mrs. June Toomey, representingTommy Greene, Publisher of theMadison County Courier; A. L.Hughes; and Thomas F. Strobel.

Jail Crisis is WidespreadFlorida's jails and prisons aren't the only ones

facing a crisis because of court-ordered improve-ments and population limits.

Federal judges have purview over at least 74 pri-

sons in 27 states (including Florida), according to theNational Prison Project of the American Civil Liber-

ties Union (ACLU).Courts are also exercising authority over many of

the country's nearly 4,0001ocal jails. In Florida, localjails under judicial scrutiny include those in Dade,

Palm Beach, Escambia, Leon, Santa Rosa, and Volu-sia Counties, and in the consolidated City of Jack-sonville which encompasses nearly all of DuvalCounty.

Around the nation some jails have been closedafter being ruled unfit for human habitation.

The number of class-action court suits on behalf ofinmates is constantly increasing, according to BobBerkhardt, executive director of the National Insti-tute of Justice. "There are thousands of suits, " hesaid. "I don't know if it has reached a peak yet. "

12 THE SHERIFF'S STAR

(continued from page 9)

sold, melted or disposed of until 15 days after the lawenforcement agency has been notified. Persons under 18years of age are not permitted to sell precious metals.Anyone who violates this law will be guilty of a misde-meanor of the first degree. Effective October 1, 1981.

Chapter 81-176 (House Bill 1099)In order to cut down on the cost of having one or two

deputies transport a prisoner to another part of Floridaor across the country, sheriffs have been contractingwith private companies which fly several inmates atone time to different parts of the state or out of state. Thesystem has worked well and has saved many thousandsof dollars, but a question arose about the legality ofsheriffs turning over prisoners to a private transporta-tion company. This law specifically gives sheriffs theauthority to utilize this kind of service while requiringany company that provides such a service to carry$100,000 liability insurance. Effective June 24, 1981.

Stop and Hold Law for FarmersChapter 81-108 (House Bill 109)

In 1975merchants were given authority to apprehendpersons, who had been stealing merchandise, anddetain them until a law enforcement officer arrived. Thesame law has now been amended so farmers may stopand hold persons they have observed stealing livestockor produce. As long as the farmer follows the law andhas probable cause to believe the person he detains hasstolen livestock or farm produce, the farmer is protectedagainst charges of false arrest. Anyone who resists theefforts of a farmer to recover his livestock or produce,and is subsequently found guilty of theft, is also guiltyof resisting, and that is a misdemeanor of the firstdegree. Effective October 1, 1981.

Chapter 81-212 (House Bill 101)Abolishes the motor vehicle inspection program of the

State of Florida. Authorizes counties to establish theirown inspection programs. The inspection program willcome to an end on October 1, 1981.

Chapter 81-163(Committee Substitute for HouseBill 801)Many stores today have special anti-shoplifting devi-

ces which sound an alarm when someone tries to leavethe premises with specially marked or tagged merchan-dise. This law simply says that the activation of such adevice constitutes probable cause for a merchant todetain a person whose departure from the store has setoff the warning device. Requires notice be posted that

such a detection system is in use. Effective October 1,1981.

Let the Buyer BewareChapter 81-281 (House Bill 176)

Increases the penalty for keeping a house of ill fame(prostitution) from a misdemeanor of the first degree toa felony of the third degree. Also increases the penaltiesfor persons convicted of living off the earnings of prosti-tutes. Furthermore, anyone convicted of purchasing theservices of a prostitute is now guilty of a misdemeanorof the second degree. Effective October 1, 1981.

Chapter 81-149 (House Bill 305)In 1980 the Florida Legislature passed a law which

attempted to put out of business "head shops" whichsold drug paraphernalia. The "head shop" owners tookthe law to court and the Supreme Court struck down aportion of the law. This new law amends the 19801aw sothat possession of any drug paraphernalia, with intentto use with a controlled substance, is illegal and a misde-meanor of the first degree. Effective June 24, 1981.

Chapter 81-224 (House Bill 25)Prohibits the use of live animals in the training of

racing greyhounds. Anyone found guilty of using liveanimals is guilty of a misdemeanor of the first degree.Effective July 1, 1984.

Chapter 81-43 (Senate Bill 254)Makes it a felony of the third degree for anyone to

injure, disable, or kill a police dog. Effective October 1,1981.

Chapter 81-278 (Senate Bill 881)Adds a new section to the state statutes, making it

illegal for anyone, except a law enforcement officer orhired security guard, to possess a concealed firearminside a pharmacy. A violation of the new law is a felonyof the third degree. Effective October 1, 1981.

Senate Resolution (Senate Bill 1060)Local law enforcement agencies in Florida have com-

plained that they don't have sufficient manpower orequipment to adequately deal with the drug smugglingproblem. This resolution requests that the Governor ofFlorida ask the President ofthe United States for assist-ance. Specifically, the resolution requests that thearmed forces of the United States be permitted to renderassistance in locating airplanes and boats involved indrug trafficking. Although this is a resolution ratherthan a law, it refiects the urgent concerns of Sheriffsand other law enforcement officials.

FBI Academy GraduatesPolk County Sheriff's Department Captain

Donald C. Dempsey, who heads the department'sSpecial Investigation Unit, St. John's County She-riff's Department Captain Ronald D. Janson, who isin charge of auxiliary services, and Flynn W.Edmonson, an investigator with the State Attor-

ney's Office in the Seventh Judicial Circuit, arerecent graduates of the FBI National Academy inQuantico, Virginia.

Edmonson is the son of former Flagler CountySheriff P.A. "Zip" Edmonson, of Bunnell.

The Florida officers were graduated in a class of2481awmen from 49 states, the District of Columbia,U.S. territories and several foreign countries.

JULY-AUGUST 1981 13

k T'.FW,

,'W+